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2022 Supreme(Online)(MAD) 18486

HIGH COURT OF MADRAS
Hon`ble Dr Justice G. JAYACHANDRAN
V.S.GOVINDARAJAN – Appellant
Versus
R.KANNAN – Respondent


ORDER

This Criminal Original Petition is filed to quash the complaint against the petitioners under Sections 52(1) and 53 of the Food Safety and Standards Act, 2006.

2. According to the complainant, the edible vegetable oil marketed by the petitioner's company under the brand name “Fortune Vivo Diabetes Care-Blended Edible Vegetable Oil” is mis-branded and misleading, hence liable to the prosecution under Sections 52(1) and 53 of the Food Safety and Standards Act, 2006.

3. The cause of action for the complaint arose when the sample was drawn from the retailer/distributor on 22.08.2017. The sample was forwarded to the laboratory for analysis and report received on 23.10.2017. The Food Inspector has sought for sanction to prosecute the accused person vide his letter dated 12.01.2018. Stating that the Commissioner of Food Safety and Drug Administration has accorded sanction to prosecute on 24.10.2018, the complaint dated 12.02.2019 filed and taken cognizance on 04.02.2019 in C.C.No.176 of 2019 by the VIII Metropolitan Magistrate, George Town, Chennai. Thereafter the summons to the accused person for their appearance was caused on

21.03.2019.

4. In the petition to quash the complaint, it i

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